Nchindo, Matome bail application hits a snag

ISAIAH MOREWAGAE
Staff Writer | Thursday October 14, 2010 00:00

 

Nchindo and Matome were found guilty of graft on Monday by High Court-bound Regional Magistrate, Lot Moroka. Immediately after conviction, their attorneys, led by Parks Tafa approached the High Court for bail pending sentencing on October 27.

Lesetedi said he needed time to go through the pile that Tafa has filed with the court to understand the matter. He pointed out that in the absence of the record of proceedings and judgement from the trial court, it was going to be difficult to hear the matter and make an informed decision. Lesetedi said the trial magistrate is still seized with the matter and has the discretion to revoke bail for the accused when he convicted them. Despite Tafa's plea for the bail application to be heard, Lesetedi told him that he was seized with other matters that he could not abandoned. He added that today and tomorrow, he would not be available, hence he can only hear the matter next week.

He told the persistent Tafa that there were factual allegations that arose from the papers filed in court, hence the respondents have to reply to them. The lawyer had earlier told the court that he was surprised when the magistrate immediately after conviction of the duo revoked bail. Tafa told Lesetedi that at that point, they had an agreement with the prosecution that they would not oppose bail pending sentence.

He said he was surprised that the magistrate deviated from the usual norm where the court tries by all means to keep first offenders out of jail. He suspected that the magistrate had already made up his mind about the sentencing of Nchindo and Matome. 'The magistrate's decision to lock them up before mitigation is a gross irregular,' Tafa said.

However, Lesetedi was of the view that the trial magistrate has discretion to either withdraw or extend bail once the accused have been convicted.  Tafa countered that he is not questioning the discretionary powers of the magistrate but the manner in which he exercised the powers. He said he ran helter skelter trying to access the record of proceedings and judgement from the magistrate's court.

He added that the documents they filed are meant to help the court, in the absence of the record of proceedings and judgement. At the end of the session, Lesetedi called Tafa and state counsel Susan Mangori to his chambers to re-assign the matter to another judge. The case will be heard tomorrow after the announcement of a new judge today.